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  • Commentaries

Scotland Case Commentaries

Validity and Enforceability of Divorce Settlements: Insights from D v D ([2021] CSOH 66)

Validity and Enforceability of Divorce Settlements: Insights from D v D ([2021] CSOH 66)

Date: Jun 24, 2021
Validity and Enforceability of Divorce Settlements: Insights from D v D ([2021] CSOH 66) Introduction The case of D v D ([2021] CSOH 66) adjudicated by the Scottish Court of Session's Outer House on...
Armstrong v HM Advocate [2021] ScotHC: Reinforcing Comparative Justice in Sentencing

Armstrong v HM Advocate [2021] ScotHC: Reinforcing Comparative Justice in Sentencing

Date: Jun 24, 2021
Armstrong v HM Advocate [2021] ScotHC: Reinforcing Comparative Justice in Sentencing Introduction Armstrong v HM Advocate [2021] ScotHC HCJAC_34 is a significant case adjudicated by the Scottish High...
Reaffirming Procedural Safeguards in Extradition: The DaJa Case

Reaffirming Procedural Safeguards in Extradition: The DaJa Case

Date: Jun 23, 2021
Reaffirming Procedural Safeguards in Extradition: The DaJa Case Introduction The case of Shkëlqim DaJa represents a pivotal moment in extradition law within the United Kingdom, particularly...
Scottish Court of Session Sets Precedent on Matrimonial Property Division Following Lottery Win

Scottish Court of Session Sets Precedent on Matrimonial Property Division Following Lottery Win

Date: Jun 23, 2021
Scottish Court of Session Sets Precedent on Matrimonial Property Division Following Lottery Win Introduction In the landmark case HAJ against NJ and Others ([2021] ScotCS CSOH_67), the Scottish Court...
Maintaining Public Confidence vs. Freedom of Expression: Insights from Steele v Deputy Chief Constable

Maintaining Public Confidence vs. Freedom of Expression: Insights from Steele v Deputy Chief Constable

Date: Jun 23, 2021
Maintaining Public Confidence vs. Freedom of Expression: Insights from Steele v Deputy Chief Constable Introduction In the case of Calum Steele v Deputy Chief Constable ([2021] CSOH 65), the Scottish...
Assessing Misdirections in Joint Liability Cases: MacDougall and Smith v Her Majesty's Advocate [2021] HCJAC 32

Assessing Misdirections in Joint Liability Cases: MacDougall and Smith v Her Majesty's Advocate [2021] HCJAC 32

Date: Jun 23, 2021
Assessing Misdirections in Joint Liability Cases: MacDougall and Smith v Her Majesty's Advocate [2021] HCJAC 32 Introduction The case of Ross MacDougall and Dawn Smith versus Her Majesty's Advocate...
Reaffirmation of the Duty to Account in Scottish Limited Partnerships: Insights from Herberstein v TDR Capital [2021] CSOH 64

Reaffirmation of the Duty to Account in Scottish Limited Partnerships: Insights from Herberstein v TDR Capital [2021] CSOH 64

Date: Jun 19, 2021
Reaffirmation of the Duty to Account in Scottish Limited Partnerships: Insights from Herberstein v TDR Capital [2021] CSOH 64 Introduction The case of Johann Maximilian Herberstein against (First)...
Refugee Entitlement to Backdated Child Tax Credits Amid Universal Credit Transition – [2021] CSOH 63

Refugee Entitlement to Backdated Child Tax Credits Amid Universal Credit Transition – [2021] CSOH 63

Date: Jun 16, 2021
Refugee Entitlement to Backdated Child Tax Credits Amid Universal Credit Transition – [2021] CSOH 63 Introduction The case of Ali Adnan and Mrs. Saima Adnan versus Her Majesty's Revenue and Customs...
Survival of Performance Bonus Schemes Post-Termination: Insights from Gavin Loudon vs Stewart Milne Group Ltd [2021] CSOH 61

Survival of Performance Bonus Schemes Post-Termination: Insights from Gavin Loudon vs Stewart Milne Group Ltd [2021] CSOH 61

Date: Jun 12, 2021
Survival of Performance Bonus Schemes Post-Termination: Insights from Gavin Loudon vs Stewart Milne Group Ltd [2021] CSOH 61 Introduction The case of Gavin Loudon against Stewart Milne Group Limited...
Establishing Credibility in Asylum Claims: FI (AP) v. Secretary of State for Home Department [2021] CSIH 31

Establishing Credibility in Asylum Claims: FI (AP) v. Secretary of State for Home Department [2021] CSIH 31

Date: Jun 12, 2021
Establishing Credibility in Asylum Claims: FI (AP) v. Secretary of State for Home Department [2021] CSIH 31 Introduction The case of FI (AP) v. Secretary of State for the Home Department ([2021] CSIH...
Reverse Onus Standard in Negligent Driving Cases with Prior Guilty Pleas: Insights from Cameron v Swan ([2021] ScotCS CSIH_30)

Reverse Onus Standard in Negligent Driving Cases with Prior Guilty Pleas: Insights from Cameron v Swan ([2021] ScotCS CSIH_30)

Date: Jun 11, 2021
Reverse Onus Standard in Negligent Driving Cases with Prior Guilty Pleas Insights from Cameron v Swan ([2021] ScotCS CSIH_30) Introduction The case of Samuel Cameron against Martin Swan and Another...
Criminal Nature of Contempt Proceedings in Scottish Law Confirmed in HMA vs Murray

Criminal Nature of Contempt Proceedings in Scottish Law Confirmed in HMA vs Murray

Date: Jun 9, 2021
Criminal Nature of Contempt Proceedings in Scottish Law Confirmed in HMA vs Murray Introduction The case of Her Majesty's Advocate vs. Craig Murray ([2021] HCJ 3) adjudicated by the Scottish High...
Ciarrocca v Ciarrocca: Establishing Grounds for Executor Removal Due to Malversation

Ciarrocca v Ciarrocca: Establishing Grounds for Executor Removal Due to Malversation

Date: Jun 3, 2021
Ciarrocca v Ciarrocca: Establishing Grounds for Executor Removal Due to Malversation Introduction Ciarrocca v Ciarrocca [2021] CSOH 59 is a landmark judgment by the Scottish Court of Session that...
Res Judicata Affirmed in Interdict Proceedings: Martin Wilson v Welsh; MBS Solicitors [2021]

Res Judicata Affirmed in Interdict Proceedings: Martin Wilson v Welsh; MBS Solicitors [2021]

Date: Jun 2, 2021
Res Judicata Affirmed in Interdict Proceedings: Martin Wilson v Welsh; MBS Solicitors [2021] Introduction The case of Martin Wilson v Welsh; MBS Solicitors ([2021] ScotCS CSOH_58) before the Scottish...
Scottish Court of Session Establishes New Precedent on Early Release of Foreign National Prisoners

Scottish Court of Session Establishes New Precedent on Early Release of Foreign National Prisoners

Date: Jun 2, 2021
Scottish Court of Session Establishes New Precedent on Early Release of Foreign National Prisoners Introduction The case of Harpreet Singh v Scottish Ministers ([2021] CSOH 57) presents a significant...
Right to Self-Directed Support Choices under the Social Care (Self-Directed Support) (Scotland) Act 2013: Andrew Lennon v NHS Highland

Right to Self-Directed Support Choices under the Social Care (Self-Directed Support) (Scotland) Act 2013: Andrew Lennon v NHS Highland

Date: May 29, 2021
Right to Self-Directed Support Choices under the Social Care (Self-Directed Support) (Scotland) Act 2013: Andrew Lennon v NHS Highland Introduction In the case of Andrew Lennon against NHS Highland...
Establishing Unfair Advantage in Trade Mark Infringement: Grant & Sons v Lidl [2021] CSOH 55

Establishing Unfair Advantage in Trade Mark Infringement: Grant & Sons v Lidl [2021] CSOH 55

Date: May 26, 2021
Establishing Unfair Advantage in Trade Mark Infringement: Grant & Sons v Lidl [2021] CSOH 55 1. Introduction The case of William Grant & Sons Irish Brands Limited v Lidl Stiftung & Co KG and Others...
Expansion of HCCI Debt Interpretation in Intercreditor Agreements Under [2021] ScotCS CSOH_53

Expansion of HCCI Debt Interpretation in Intercreditor Agreements Under [2021] ScotCS CSOH_53

Date: May 22, 2021
Expansion of HCCI Debt Interpretation in Intercreditor Agreements Under [2021] ScotCS CSOH_53 Introduction The case of HCC International Insurance Company PLC against The Scottish Ministers ([2021]...
Rectification of Security Documents to Reflect True Debtor: UK Agricultural Lending Ltd v Hamilton Orr Limited [2021] CSOH 54

Rectification of Security Documents to Reflect True Debtor: UK Agricultural Lending Ltd v Hamilton Orr Limited [2021] CSOH 54

Date: May 22, 2021
Rectification of Security Documents to Reflect True Debtor: UK Agricultural Lending Ltd v Hamilton Orr Limited [2021] CSOH 54 Introduction The case of UK Agricultural Lending Limited versus Hamilton...
Interpretation of Schedule 10 Anti-Avoidance Provisions under the Value Added Tax Act 1994: The Mouldsdale Properties Case

Interpretation of Schedule 10 Anti-Avoidance Provisions under the Value Added Tax Act 1994: The Mouldsdale Properties Case

Date: May 21, 2021
Interpretation of Schedule 10 Anti-Avoidance Provisions under the Value Added Tax Act 1994: The Mouldsdale Properties Case Introduction The case of David Mouldsdale, trading as Mouldsdale Properties...
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